Legal Question in Wills and Trusts in California
My mom passed away 5 years ago from an accident. She didn't write a will. My step-father received all her accident insurance compensation. Now he will be married again and will sell the house that him and my mom owned. I have two questions:
1. By law, should I receive some money from my mom's accident insurance money?
2. If my dad sells the house, as his son, should I receive some money from the profit of the house? If so, how much is reasonable?
I am just afraid that after my step-father remarried, he will take everything my mom left but didn't leave anything to me ( I know he will not to). My mom's money will go to him and also his new wife. Is there any law to protect my right?
1 Answer from Attorneys
The insurance passes outside of Probate based on the named insured. If only your step-father was listed, then it all goes to him. Since she had no will, the house also automatically transferred to her spouse. (Was there a Probate for this? There probably should have been.)
I'm afraid that you are not going to like the answers:
1. You do not receive any of the insurance money unless you were a named beneficiary.
2. If he sells the home and he received it as the surviving spouse, through the proper means (more info needed here) then he has the right t sell it and do whatever he chooses with the income.
You may have some challenges to his actions, but from what you have explained so far, the arguments don't sound too strong in your favor. If you would like to fill me in a little more about how the property was transferred, such as the house and who was named as beneficiary on the insurance policy, then maybe I might be able to come up with a stronger argument in your favor.
Please feel free to contact me in a private forum through my website at PasadenaEstatePlanning.com.
Scott
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